IGST paid on import of goods
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Case Title |
Torrent Power Ltd Vs UNION OF INDIA |
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Court |
Gujarat High Court |
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Honorable Judges |
Justice Anjaria and Justice Bhargav D Karia |
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Citation |
2022 (8) GSTPanacea 184 HC Gujarat S.C.A. 2603 of 2022 |
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Judgement Date |
04-August-2022 |
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Council for Petitioner |
Uchit N Seth |
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Council for UOI |
Priyanka P Lodha |
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Council for State |
The Gujrat High Court bench of Justice N.V Anjaria and Bhargav D Karia has held that Refund of IGST paid on imported goods under entry no 10 of IGST shall be liable for refund.
FACTS OF THE CASE
The petitioner is a public limited company registered under the Companies Act ,1956 as well a registered taxpayer in GST Act,2017 and engaged in the business of importation of natural gas.
At the time of import of gas the petitioner files BOE for home consumption and pays the custom duty and IGST @ 5% on RCM basis due for clearance.
The refund is not allowed by the respondent despite of its allowed vide notification number 10/2017 of 28th June 2017 along with corrigendum notification of 30th June 2017.
IGST paid on import of goods
COURT HELD
By taking the reference of case Mohit Minerals P Ltd vs Union of India it was held that said notification is ultravires of statue and the same decision has been followed in Gokul Agro Resources Ltd vs Union of India and etc case. similar issue came up for consideration before the co-ordinate Bench in ADI Enterprises vs. Union of India being Misc. Civil Application No. 1 of 2020 in Special Civil Application No. 10479 of 2019, The court directed the respondent to issue refund of IGST already paid by applicants. The competent authority of the respondents shall verify the amount of refund and grant such refund of the amount of IGST paid by the petitioner pursuant to the Entry No.10 of the above notification within eight weeks from the date of receipt of this order along with the statutory rate of interest.
IGST paid on import of goods
ANALYSIS OF THE JUDGEMENT
IGST refund paid on the goods imported by vessel from outside India shall be liable to be paid on RCM basis as per entry no 10 of IGST Act,2017 and subject to refund vide corrigendum notification no 10/2017 of 28th June 2017.
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